Readers Views Point on public search tm and Why it is Trending on Social Media
Readers Views Point on public search tm and Why it is Trending on Social Media
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How to Conduct a Trademark Search in India: Simple and Effective Steps
What is a Trademark Search?
A trademark search is about examining existing applied or approved trademarks in the government-maintained database maintained by the Trade Marks Registry of India. This procedure helps verify whether your chosen trademark is free to use or if it interferes with any existing mark.
Conducting a trademark search at the beginning of the branding process minimises the risk of legal violation and ensures your trademark identity remains unique and legally protected.
Why is Trade Mark Search Important?
Doing a trade mark search before registering is not just wise—it’s crucial for ensuring success. A comprehensive search lets you:
- Prevent selecting already-used marks
- Save money from rejected applications
- Reduce opposition risks
- Preserve distinctiveness
- Speed up the registration process
Without careful checking, your trademark application might be rejected, wasting time and resources.
How to Check a Trade Mark in India?
The Trade Marks Registry maintains an official portal where anyone can run a trademark search. To search:
- Visit the Trade Marks Registry website
- Navigate to the public search section
- Enter your keyword
- Select the correct class
- View results
This tool gives you visibility into both approved marks and pending applications, so you know where your brand stands.
Understanding Trademark Classes
Each trademark is grouped into a specific class. In India, there are 45 trademark classes—34 for goods and 11 for services. Choosing the correct class ensures your search is accurate.
For example, a clothing label usually search under Class 25, while software tools often go under Class 9. Knowing your class is key to getting precise results.
Why You Should Do Both Phonetic and Wordmark Searches
When checking for trademark availability, do both wordmark and phonetic searches. A wordmark search looks for same or close spellings. A sound-based check finds names that sound alike, even if spelled in a different way.
This ensures you spot trademarks that could pose legal issues, giving you better peace of mind before applying.
Where to Do Trademark Searches
The Indian IP Office provides a free, government search tool. There are also external platforms that offer extra features like:
- Smart filters
- Legal guidance
- Detailed reports
These tools simplify trademark checking for small businesses and give confidence that your trademark is ready to file.
Searching for Non-Text Trade Marks
If your brand check trade mark identity uses a logo, you must perform a device mark search. Searching logos is more complex than wordmark searches, but the Registry portal supports image-based filters and keyword tagging.
This ensures your design or icon doesn’t conflict with another registered design, avoiding legal issues.
The Value of Expert Guidance for Trade Mark Searches
While individuals can check trademarks, a legal expert brings depth to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- Suggest alternatives
- Support filing and follow-up
For serious businesses, professional support adds strategy and legal confidence.
After You Search: What’s Next?
Once your search confirms the mark is available, you can start the application process. This includes:
- Filling forms
- Choosing categories
- Paying government fees
The process then enters examination, journal listing, and if no objections arise, your mark is officially registered.
Final Thoughts on Trademark Search
A thorough trademark search in India is the first step in protecting your brand. It ensures your brand assets are unique, protected by law, and ready for registration.
With simple search platforms and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand needs a strong foundation. Report this page